Advocate Sandeep Kumar

Questions Answered by Advocate Sandeep Kumar (50+ answers)

Q: How can I expedite a contested divorce case in India?

Hello, regarding my divorce petition filed in 2013, the other party has filed a RCR (Restitution of Conjugal Rights). Despite several unsuccessful mediation sessions, he refuses mutual consent. He has clearly stated he will not grant me a divorce, despite my repeated declarations of not wanting to be with him. This delay is preventing me from moving on in life. It has been almost 5 years since we had any contact (email, phone, messages). Please advise on how to expedite this contested divorce case in India?

Advocate Sandeep Kumar answered
Dear sir, practically even fast track courts are taking more then 3 years to dispose off divorce matters. Though it will depend upon how capable your lawyer is. Also I need to know complete facts of the matter to advice you. Regards team lawyer mitra

Q: What to do if a wrong product delivered from online shopping site

I ordered a gown worth rupees 755 from tehali.com @cash on delivery. But I received a saree inside. And now no one is responding to calls. No refund or return options are being shown. wrong item delivered what are my rights ? What to do?

Advocate Sandeep Kumar answered
You should only deal with authentic on line portals. In your matter, recourse must be provided by the concerned site only, if they don't respond you can file a case of cheating...But for an amount of 755 practically it's not advisable

Q: My Wife wants a separate home and she wants to leave me not divorcing.

HiI am living with my wife along with my parents and two unmarried sister and younger brother i am the only bread earner, i dont have sufficient money so that I can live separately with my wife and take care my parents as well. My wife is planning to leave me not divorcing untill i get a separate home. I suspect after leaving me she can go to court and raise false allegation like dowry act or something else My question is, is there any way before she leaving i take her consent over an affidavit and give all her jewellery and saying I am she is not have any problem with me accept she want a separate home. Please help

Advocate Sandeep Kumar answered
you can but there are meagre chances of her doing it. there is no way to prevent a person from instituting a criminal case against you. you can only prepare your defence well in advance. such affidavit would be such piece of evidence to your help subject to how well it's drafted and executed. try to speak to her and her family and try to settle amicably...and also try to give her some personal space as her demand is also not fully unjustified. for legal help contact Lawyer Mitra.

Q: Want to file divorce. plz help me to get this as soon as possible.

I want to file divorce. How much time to get divorce and what are the charges. And what about property and husband's income.

Advocate Sandeep Kumar answered
You need to specify whether by mutual consent (or by prolonged legal battle)How old is the marriageWhether you have any justifiable reasons to seek divorce, etc.if you want information about it you can contact us RegardsLawyer Mitra

Q: after filing divorce husband can do sexual intercourse with wife?

A husband filed a divorce petition in December 2016 while they were living in a same house. As wife received summons husband said that he filed this petition mistakenly for his parents satisfaction and he will withdraw it after that husband and wife were living in a same house happily and wife gave birth a girl child from his husband in 2018. Husband and his family was not happy with this second girl child and now from September 2021 husband said to his wife he is going out side for his business and now he is not coming back his home in which his wife and children living and living in a separate owned house and not giving any money to wife and children. In January 2022 wife again received a summon in that past petition of 2016 in which husband promised him to withdraw but did not withdraw. I want to know that whether this petition of 2016 is maintainable or not and what should I do?

Advocate Sandeep Kumar answered
you must appear in the divorce proceedings and plead before the court the non maintainablity of the case on the ground of continuation of conjugal relationship between the husband and wife even after filing the divorce petition. you seem to have plenty of evidence to prove this fact. simultaneously file a section 125 crpc for maintenance of wife and children. you can also file section 24 HMA in the divorce proceedings first after receiving litigation expenses/ maintenance and than file non maintainablity in divorce case.Advocate Ritu Rawatteam lawyer mitra